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Madras High CourtCMP(MD)/2976/2020allowed with costs

P.Ponnaiah v. A.P.Mahamani

2020-03-20Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.2976 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of March Two Thousand Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI CMP(MD) No.2976 of 2020 IN SA(MD)No.SR20124 of 2019 P.PONNAIAH ... PETITIONER/APPELLANT Vs 1 A.P.MAHAMANI 2 A.P.TAMILMANI ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 239 days in representing the second appeal papers in S.A.(MD) No. SR.20124 of 2019 against the judgment and decree dated 31.01.2019 passed in A.S. No. 75 of 2016 on the file of the 2nd Additional Sub Court, Madurai reversing the judgment and decree dated 27.07.2016 passed in O.S.No. 168 of 2008 on the file of the District Munsif, Madurai.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.RAMAKRISHNAN, Advocate for the petitioner and of Advocate for the Respondents the court made the following order:- Both sides counsel are present.

2.This petition is filed to condone the delay of 239 days in representing the second appeal.

3.Though the reasons stated in the affidavit are not satisfactory, an opportunity for the petitioner is to be given. Hence, this petition is allowed and the delay is condoned on condition that the petitioner shall pay a sum of Rs.300/- (Rupees Three Hundred only) to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2976 of 2020 Periyakulam), on or before 30.03.2020, failing which, the petition shall automatically dismissed.

sd/- 20/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE II ADDITIONAL SUBORDINATE JUDGE, MADURAI.

2. THE DISTRICT MUNSIF, MADURAI.

COPY TO:- THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

ORDER

IN CMP(MD) No.2976 of 2020 IN SA(MD)No.SR20124 of 2019 Date :20/03/2020 MRN TE/VR/SAR-II : 06/05/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2